Law: Civil Procedure Code (V of 1908)

Section: 152,148

Law: Civil Procedure Code (V of 1908)

Section: 152,148

Specific Relief Act (I of 1877)-------S. 39---Civil Procedure Code (V of 1908), S.148---Suit for cancellation of agreement---Earlier suit for specific performance of agreement to sell was decreed in favour of defendant / vendee but he did not deposit balance consideration amount and resorted to delaying tactics---Plaintiffs/vendors filed suit for cancellation of agreement to sell and both the courts below, concurrently decreed the suit in their favour---Plea raised by defendant/vendee was that there was some mistake in decree passed by earlier court and time was sought for correction of the same---Validity---Defendant/vendee was well aware about order of the court regarding deposit of balance sale consideration from the very inception but he intentionally and deliberately used delaying tactics in order to get more and more time---After about one year of expiry of target date, defendant/vendee moved application for amendment of decree but did not seek extension in time deliberately---When that application was allowed after two years, then defendant/ vendee filed application under S.148, C.P.C. for extension in time which could not be allowed keeping in view the conduct of defendant/vendee---No specific terminus a quo for cancellation of agreement to sell was there, but the point when facts compelled plaintiffs/vendors for such action---When defendant/vendee failed throughout to comply with his obligation and was enjoying possession against payment of only about one-third price of suit property and reaping its fruits, plaintiffs/vendors could ask for to rescind agreement to sell which agreement, was not being complied with by defendant/vendee himself even after having passed a conditional decree dated 6-1-2000---Concurrent findings of law and fact against defendant/vendee, who badly failed to point out any illegality in /decree/order, therefore, High Court declined to interfere in the same---Second appeal was dismissed, in circumstances. Shabbir Ahmed and another v. Zahoor Bibi and others PLD 2004 SC 790 and Mst. Samera Butt v. Hussain Ahmad Nasir and 3 others 2009 MLD 942 distinguished. Syed Kaleem Ahmed Khursid for Appellant. Zaheer Zulfiqar for Respondents.…

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